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200 Coon Rapids Blvd. NW, #400
Coon Rapids, MN 55433

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Domestic Abuse – What You Need to Know

Domestic abuse is a very serious issue in Minnesota. The law can be complex and difficult to understand. Under Minnesota statutes, the legal definition of domestic abuse is defined as any of the following acts committed by a family or member of a household:

  • Infliction of physical harm, bodily injury, or assault
  • Infliction of fear of imminent physical harm
  • Terrorist threats
  • Acts of criminal sexual conduct
  • Interference with an emergency call

The law defines a family or household member as:

  • A spouse
  • A person involved in a significant or sexual relationship
  • Parents and children
  • Persons related by blood
  • Persons living together or who have lived together in the past
  • Persons who have or had a child in common (born or in utero), regardless of whether they were living together or ever married

Misdemeanor versus Gross Misdemeanor

In domestic violence-related cases, a misdemeanor is for a first conviction. If there are any prior convictions in the past 10 years, it’s considered a gross misdemeanor and carries a penalty of up to 12 months in jail and up to a $3,000 fine.

Felony Domestic Assault

Domestic assault is considered a felony if strangulation is involved. This carries a penalty of up to three years in prison unless there are extenuating circumstances involved, which can lead to a greater penalty.

Orders for Protection

In cases of domestic abuse, an Order for Protection (OFP) may be filed with the court. If you are the person asking for an OFP, you are considered the “Petitioner.” If you are receiving the OFP, you are considered the “Respondent.” An OFP can be requested on behalf of minor children as well. In Minnesota, both parties named in the order do not have to be present at the hearing in order for a long-term judgment to be granted.

Domestic violence and child custody

Domestic abuse cases can affect child custody under Minnesota law. If domestic violence occurs in the home, shared custody situations can be amended. A judge will consider several factors when determining physical and legal custody of minor children including how the abuse impacted the child and the physical/mental health of family members. Judges are required to consider domestic abuse when rendering child custody judgments and will accept any evidence presented.

If you need legal representation for your domestic abuse situation, contact the family law attorneys at Barna, Guzy & Steffen. We work hard to preserve your rights and protect your family.

Contact one of our legal professionals today.

Our Domestic Abuse Attorneys

Frequently Asked Questions

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Do I need an appointment to speak with an attorney?

Please call our offices to inquire about making an appointment to speak with an attorney. The knowledgeable staff will be able to answer your questions regarding the appointment and make sure that everyone is prepared for the initial consultation.

How much do you charge for a consultation?

While some attorneys have free initial consultations, there are some areas of law that require a small fee for an initial consultation. You will be informed of any and all fees associated when you call to make an appointment.

What are your attorney’s fees?

Our attorneys offer highly sought-after professional services for which there is an associated fee. These fees will be discussed in your initial consultation.

How do you bill and when is my payment due?

Billing and payments are determined by individual attorneys who will discuss these issues with clients at their initial appointments.

Will you keep my legal matter confidential?

Our attorneys and staff are professionals experienced in providing legal services with efficiency and the utmost of client confidentiality. Trust, dedication, and professionalism are essential to the success of any business relationship. We believe these characteristics are the essence of integrity, and we strive to nurture these values within our firm. Since our inception, the attorneys at Barna, Guzy & Steffen have been committed to providing comprehensive legal services within the framework of professional excellence.

What should I do if I am stopped by the police?

  • Be respectful and polite.
  • Stay calm and in control of yourself.
  • Keep your hands to yourself and in plain view.
  • Don’t resist, even if you believe you are innocent.
  • Do not tell the police they’re wrong or that you’re going to file a complaint.
  • Don’t say anything about the situation.
  • If arrested, ask to speak with a lawyer in private as soon as reasonably possible.
  • If the officer asks if you know why they stopped you, simply reply that you are not sure.

What should I do if I am arrested?

Listen to your Miranda Rights.

  • You have the right to remain silent.
  • Anything you say can and will be used against you in a court of law.
  • You have the right to an attorney. The attorney should be present before any questioning.
  • If you cannot afford an attorney, one will be appointed to represent you before any questioning.
  • Do you understand these rights?

Request to speak with an attorney in private. Your Miranda warning will be read to you by the arresting officer. It is very important that you pay attention to every word of these rights.

If you are placed under arrest, the officer has most likely completed an investigation leading to the belief that there was probable cause that you committed a crime. At this point, the officer has made their decision. Do not think that you could say or do anything to change the officer’s mind.

Do not resist arrest. Resisting arrest could subject you to further criminal charges if you go too far. Additionally, your attitude toward the arresting officer, if negative or volatile, will be presented as supporting a guilty verdict. In general, juries do not react favorably to a person who fights with police and will most likely see this is as evidence of guilt.

If convicted, the prosecution could use any negative conduct to support a harsher sentence. In short, displaying aggressive behavior toward police will only cause trouble. Even if you are scared, angry, or are experiencing high anxiety, you must maintain composure and politely request to speak to an attorney in private.

What happens after I am arrested?

  1. The arrest: There is probable cause that the person has committed a crime.
  2. Police reports: These reports go to the prosecuting attorney, who decides whether charges will be filed.
  3. The arraignment/first appearance: The criminal defendant is formerly advised of the charges and of constitutional rights. Bail if often set at this arraignment.
  4. Pre-trial hearing: This is a good time to negotiate a plea.
  5. Trial: During a trial, both sides will present their arguments to a jury made up of men and women as impartial jurors. During the deliberation phase, the jury will decide whether the prosecution has met the burden of proving guilt beyond a reasonable doubt. If the jury finds the defendant not guilty, they are free to go and cannot be prosecuted again based on the same offenses.
  6. Sentencing: If the defendant is found guilty, the judge will determine and impose proper punishment in the sentencing hearing. At this hearing, the defendant can propose why they believe the judge should give a lower possible penalty.
  7. Collateral Consequences: Conviction can have additional consequences. In felony cases, these consequences can include but are not limited to: loss of the right to vote, loss of the right to possess a firearm, loss of the right to associate with other known criminals, registration as a predatory offender, registration as a narcotics offender, or increased penalties for future convictions.
  8. Appeals and writs: If convicted, it is possible to file an appeal to an appellate-level court to argue that the trial court made legal errors. If the defense can prove that the trial court made legal errors, or denial of a fair trial, it may result in the reversal of the conviction.
  9. Probation/supervised release/parole: This is a period of time when the defendant has multiple sentencing provisions to comply with.
  10. Expungement: Expungement is a process where, in some cases, your conviction may be sealed.

Speak with an Experienced Attorney

The law firm of Barna, Guzy & Steffen offers dedicated attorneys who effectively and efficiently handle your legal needs with the highest level of professionalism.